California, Butte

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Article Launched: 05/19/2006 12:10:23 AM PDT

Marijuana collective sues Butte County officials
By RYAN OLSON - Staff Writer
The Chico Enterprise Record


A group of seven people qualified for medicinal marijuana are suing Butte County officials after a sheriff's deputy ordered the destruction of nearly all their plants.

The Oakland-based Americans for Safe Access is filing a lawsuit in Butte County Superior Court on behalf of David Williams and six other plaintiffs. The lawsuit alleges Butte County officials violated the law by refusing to recognize their established collective.

Joe Elford, the group's chief counsel, said Butte County's policies conflict with state law for cooperative and collective pot production. He said it's a manifestation of local governments' hostility toward the medical marijuana laws.

"People are being deprived of their medicine in every way possible which could nullify the right to use medical marijuana promised by voters when they enacted Prop. 215 in 1996," Elford said.

The lawsuit names the county, the Sheriff's Office, District Attorney Mike Ramsey and deputy Jacob Hancock as defendants. In addition to seeking $75,000 in damages from the pot seizure, the group wants a jury to change the officials' policy toward collectives and protect the Williams group from further prosecution.

The 2003 law updating Proposition 215 permits qualified patients to form collectives or cooperatives to grow marijuana.

District Attorney Mike Ramsey hasn't seen the lawsuit yet, but he said the county has adopted guidelines covering collectives. They were informally in place at the time of the incident.

The guidelines — published online at http://www.buttecounty.net/da/215.htm — call for members to "actively participate in cultivation." The group should document each members' contact info, doctor recommendations and contributions.

The collective may not grow more than the total of each member's medical needs and not distribute outside the group, the guidelines state. Ramsey said it goes against the spirit of Proposition 215 if a group dispenses pot to non-participants.

Ramsey said the Sheriff's Office has cooperated with several collectives that have contacted them for information.

"I encourage people to look at the guidelines on the Web site and call the Sheriff's Office to get their collectives inspected," Ramsey said.

Ramsey said county deputies are "pretty compassionate" to legitimate growers, but aren't as forgiving toward people who attempt to take advantage of the law's vagaries.

"There are obviously people out there who are growing for their own medical needs," Ramsey said.

Capt. Jerry Smith at the Sheriff's Office referred questions to the County Counsel's Office, which hasn't received the lawsuit.

Williams said Thursday his group of friends with medical problems decided to establish the collective and share the costs of growing the marijuana. They chose to grow the plants at Williams' house off of Highway 70.

Several members helped with the plants, but at least two — one who lacks a driver's license and one who is housebound — were unable to help.

Williams said Butte County deputies visited his property after flying over with a helicopter.

Although Williams showed doctors' recommendations for all the members of his group, he said Hancock ordered the removal of 29 of the 41 plants. The house's two residents — Williams and his wife — kept the remainder.

Although the deputies allegedly conducted a warrantless search, Elford said the lawsuit focuses on the improper seizure of the 29 pot plants.

The lawsuit doesn't identify the others because of criminal prosecution concerns. Two of the other plaintiffs are Williams' wife and Rebecca Conley, who was present at the raid. David Williams said the deputy wouldn't permit Conley to keep her plants although she showed him papers.

The original collective split up after the September raid, according to Williams. He has formed a new group of five, but attorneys advised him to not notify authorities because of prosecution concerns.

To avoid problems, Williams said he logs the group's activities and each member comes up at least once a week to maintain the crop and meet.

Although he believes he's complying with the guidelines, he said local officials need to clarify the policy and make sure it's within state law.

"It's very, very gray," Williams said.


Staff writer Ryan Olson can be reached at 896-7763 or rolson@chicoer.com.

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Article Launched: 05/24/2006 12:00:00 AM PDT

COMMENTARY; County should begin issuing medical marijuana ID cards

By F. Aaron Smith
The Oroville Mercury-Register


Imagine if you were living with a serious illness with very few options for treatment, but there was a drug available that helped you to live as close to a healthy, productive life as you could reasonably expect. The only problem is that the medicine your doctor recommends can easily be mistaken for a form of the drug that is illegal. At any time, you could be stopped by a law enforcement officer and have to provide documentation that you have the drug legally.

While your kids wait for you at home, the officer tries to reach your doctor, who has already left the office for the day. The officer decides to confiscate your medicine and set a court date to work out the confusion. You have to miss work to go to courtóand even when the judge acknowledges you did nothing wrong, there's no guarantee that the same thing won't happen again next week.

An estimated 900 to 1,100 patients in Butte County who are currently using marijuana under state law to treat such afflictions as multiple sclerosis, AIDS, severe arthritis and cancer, risk facing this scenario every day.

A decade ago, when voters passed the landmark initiative that made possession, cultivation and use of marijuana for medical purposes legal under California law, the directive was clear: ensure patients' safe and legal access to their medicine. Making that a reality, however, has been a challenge.

To address the concerns of both the patient and law-enforcement communities, the state established guidelines known as the Medical Marijuana Program Act in 2003.

Perhaps the most important part of our state's Medical Marijuana Program is the establishment of a statewide voluntary ID card program for qualified patients and their caregivers. Many patients choose to become cardholders because it greatly reduces their risk of arrest or detainment by state and local law enforcement.

In November of 2005, the Butte County Department of Public Health drafted a proposal to begin issuing the cards with a $56 fee per applicant. Unfortunately, the issue was tabled by the Board of Supervisors, essentially killing the program.

The county is required by state law to make the cards available.

Once the county's medical marijuana ID card program is in place, officers will be able to verify a patient's legal status in minutes by utilizing the statewide database. This program will not only further protect patients, it will also free up the valuable time of law enforcement officers serving the community. It is for this reason that both the County Sheriff and District Attorney support the program.

Our medical marijuana laws have gained broad support across the political spectrum. An independent Field Poll conducted in 2004 found that 74 percent of voters support the implementation of California's medical marijuana lawsó64 percent of Republicans and 84 percent of Democrats.

The Board of Supervisors should immediately approve the health department's original plan and resume the medical marijuana ID card program.

The health and safety of local patients depends on it.


<i>F. Aaron Smith is the statewide coordinator with Safe Access Now, an organization dedicated to the implementation of fair and consistent guidelines in all California counties as a safe harbor from arrest under H&S Code ß11362.5, the Compassionate Use Act of 1996.</i>

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Vallejo man shot, killed in Oroville robbery

By TERRY VAU DELL, MediaNews Group
Vallejo Times Herald
Article Launched:10/26/2006 06:44:16 AM PDT

OROVILLE - A Vallejo man who was killed in a weekend gun battle that left two others dead had arranged through a co-worker to buy a large quantity of pot from medical marijuana growers, authorities disclosed Wednesday.

Officials said Lee Miles Nixon, 22, was killed in the crossfire during Sunday's marijuana-related robbery inside an Oroville motel room, where 17 shots were exchanged between two gunmen. Nixon's associate, Dejuan Dean, 33, of Sacramento, who authorities believe initiated the robbery, was also killed.

Butte County District Attorney Mike Ramsey said Nixon arranged with co-worker Joshua C. Roberts, 22, of Oroville, to buy tens of thousands of dollars worth of drugs from two medical marijuana patients who grow their own supply. One grower, Thomas Kile, 38, of Concow, was killed during the shoot-out.

Roberts and two of the alleged sellers, Butte County residents Shaun McDeavitt, 23, and Jeffery J. Hutton, 37, have been arrested on drug charges. No homicide charges have been filed because authorities are still sorting out what role they believe each man played, Ramsey said.

Police have recovered the marijuana but have not disclosed exactly how much.

The prosecutor said Nixon and Dean drove to Oroville Sunday in a white van. They met the alleged sellers in a room at the Best Value Inn, which authorities say Roberts rented to conduct the drug deal.

Ramsey said Dean excused himself to go into a restroom and emerged holding a semi-automatic pistol. After firing a single shot into the ceiling, Dean reportedly ordered the alleged sellers to the floor and told his alleged accomplices to scoop up the money and dope.

At that point, Kile, one of the alleged sellers, reportedly pulled out his own semi-automatic handgun and began exchanging shots with Dean, the prosecutor said. Some rounds entered adjacent but unoccupied rooms.

Both gunman were killed in the shoot-out along with Nixon, who apparently was caught in the crossfire, Ramsey said.

The prosecutor said Roberts, Nixon's co-worker, could face a murder charge if authorities can prove he knew in advance about the robbery. The other two arrested men do not face that risk because, as the alleged sellers, "it's clear that neither knew that a drug rip-off was going down," Ramsey said.

Police are still seeking an unidentified man who had accompanied Dean and Nixon to the motel.

Nixon had a confrontation with Vallejo Police Officer Ted Postolaki in February 2002, but the Solano County District Attorney declined to prosecute, records show. According to a report filed by Postolaki, Nixon was loitering for more than an hour in a well-known drug dealing area in the 500 block of Tennessee Street.

When the officer approached Nixon and asked him to take his hands out of his jacket, Nixon refused but threatened that he was carrying a gun, Postolaki wrote. The officer forced Nixon to the ground and arrested him, but did not report finding a gun or drugs.

Times-Herald staff writer J.M. Brown contributed to this report. Contact him at jmbrown@thnewsnet.com or 553-6834.

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Felony warrant issued in triple homicide case in Oroville

BY PAULA M. FELIPE/Public Safety Reporter
Oroville Mercury Register
Article Launched:12/06/2006 12:00:00 AM PST

The Oroville Police Department has issued an active felony warrant on homicide charges and is asking the public's help in locating the suspect.

Deandre Tyrone Lowe, also known as "Ty," is 38 years old and is believed to have participated in the robbery of marijuana at the Best Value Inn in Oroville, which left three people dead after a fierce gun battle in a motel room on October 22, 2006.

Lowe is wanted by the Oroville Police Department, and he is described as a black male, 5'9" and weighing about 190 pounds with black hair and brown eyes.

Oroville Police believe Lowe could be in Oakland, Vallejo, or Tennessee and warns the public if anyone should see him, he should be considered dangerous, so do not approach him, call 9-1-1 and notify the local law enforcement agency.

Butte County District Attorney Mike Ramsey said it appears medical marijuana patients from the Concow area were attempting to sell a portion of their crops when one of three intended buyers from the Vallejo area tried to rip them off at gunpoint.

At least 17 shots were exchanged during the ensuing gun battle, some of the bullets penetrating into two adjoining — but unoccupied — motel rooms.

Dejuan Dean, 33, of Sacramento, Lee Miles Nixon, 22, of Vallejo, and Thomas Kile, 38, of Concow, were killed.

Four men reportedly fled the scene, and three were later arrested and charged with possession for sale and transportation of marijuana. Lowe is believed to be one of the buyers who came from outside the area and is still being sought by the Oroville Police Department.

Ramsey said there were four sellers of the medical marijuana crop from the Concow area who met with three buyers from outside the area inside the Best Value Inn on Oro Dam Boulevard in Oroville, California.

After what police described as "tens of thousands of dollars" in bagged marijuana was produced, one of the sellers excused himself to go into the restroom and re-emerged holding a semi-automatic pistol, according to Ramsey.

After firing off a single shot into the ceiling, the gunman reportedly ordered the would-be pot sellers onto the floor and told his accomplices to scoop up the money and the dope.

At that point, one of the sellers reportedly pulled out his own semi-automatic handgun, and the two men exchanged a total of 17 shots.

Both gunman were killed in the shoot-out along with Nixon, who apparently was caught in the crossfire. The other men in the motel room fled and three were later arrested.

Police are still looking Lowe, whom they believe had accompanied the sellers to the motel room for the drug deal and robbery.

Ramsey said under the felony murder rule, suspects can be charged with first-degree murder if a death ensues during a planned robbery or other serious offense, even if they did not pull the trigger.


Terry Vau Dell contributed to this story.

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Warrant issued in October triple hotel homicide in Oroville

12/06/06 17:12:29
The Fresno Bee

Authorities are seeking a 38-year-old Vallejo man on murder charges from a fierce shootout that left three people dead in an Oroville hotel room, an investigator for the Butte County District Attorney's Office said Wednesday.

Deandre Tyrone Lowe is believed to have been at Oroville's Best Value Inn on Oct. 22 to help buy 20 pounds of marijuana from a group of medical marijuana patients who were trying to sell part of their crop, said Tony Koester, chief investigator for the prosecutor's office.

After the sellers brought out bagged marijuana that Koester said was worth about $60,000, one of the buyers pulled a handgun for an attempted robbery. One of the sellers fired back in an exchange of at least 17 bullets.

Koester said the shootout seems straight out of a segment for the "America's Most Wanted" television show. Police are seeking Lowe, who they believe may have fled to Tennessee if he is no longer in the Vallejo or Oakland areas.

"We know enough of what happened in there that they could do a great reenactment," Koester said.

"One of the buyers came out of the bathroom, fired a shot into the ceiling and started barking orders for the sellers to get on the floor," Koester said. "There was a gunfight intensely for a period of a number of seconds in the room. With the smoke clearing, two of the three buyers were dead and one of the sellers. Lowe is the third buyer."

Killed were both gunmen, Dejuan Dean, 33, of Sacramento, and Thomas Kile, 38, of Concow. A third man, Lee Miles Nixon, 22, of Vallejo, also died.

The three surviving sellers fled the scene and have since been arrested on charges of possession for sale and transportation of marijuana, Koester said.

Lowe was being sought on a homicide warrant alleging that he participated in a crime that resulted in murder, even though he is not believed to have pulled a trigger.

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Warrant issued in triple homicide

<span class=postbigbold>Police seeking Vallejo man </span>

By PAULA M. FELIPE/MediaNews Group
Vallejo Times Herald
Article Launched:12/07/2006 07:10:40 AM PST

OROVILLE - Authorities are seeking a Vallejo man in connection with an October motel shooting that left three men dead.

Deandre Tyrone (a.k.a. Ty) Lowe, 38, is wanted on a felony warrant on homicide charges because authorities believe he participated with others from Vallejo in trying to rob several marijuana growers during a botched drug deal.

Police believe Lowe could be in Vallejo, Oakland or Tennessee. He is considered armed and dangerous, and authorities say anyone who sees him should call 9-1-1 and notify the local law enforcement agency, but should not approach him.

Lowe is described as a black man, 5 feet 9 inches tall, 190 pounds, with black hair and brown eyes.

Butte County District Attorney Mike Ramsey said it appears medical marijuana patients from the Concow area were trying to sell a portion of their crops when one of three intended buyers from the Vallejo area tried to rob them at gunpoint during a transaction at the Best Value Inn. At least 17 shots were exchanged during the ensuing gun battle, some of the bullets penetrating into two adjoining - but unoccupied - motel rooms.

Ramsey said four sellers of medical marijuana crop met with three buyers at the Best Value Inn in Oroville. After what police described as "tens of thousands of dollars" in bagged marijuana was produced, one of the sellers excused himself to go into the restroom and re-emerged with a semi-automatic pistol.

The gunman reportedly ordered the would-be pot sellers onto the floor and told his accomplices to scoop up the money and the dope, authorities said. A seller then reportedly pulled out his own semi-automatic handgun, and the two men exchanged a total of 17 shots.

The two gunmen - alleged buyer Dejuan Dean, 33, of Sacramento, and alleged grower Thomas Kile, 38, of Concow - were killed. Another alleged buyer, Lee Miles Nixon, 22, of Vallejo, was killed in the crossfire, authorities said.

Four men reportedly fled the scene, including Lowe, and three were later arrested and charged with possession for sale and transportation of marijuana.

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Posted on Thu, Dec. 14, 2006



Two suspects take plea bargain in drug deal that left three dead

Police still seek third would-be buyer, who could face murder charges

By Terry Vau Dell
CHICO ENTERPRISE-RECORD

OROVILLE - Plea bargains were struck Wednesday for two of three men accused of taking part in an Oct. 22 drug transaction that ended in the shooting deaths of three others at an Oroville motel.

A fourth suspect being sought by police could face murder charges.

According to police, four Oroville-area men were attempting to sell thousands of dollars worth of medical marijuana, when one of three would-be buyers from Vallejo, Djuan Dean, 33, pulled a pistol. Dean exchanged 17 gunshots with one of the pot sellers, Thomas John Kile, 38, of Concow, in a room at the Best Buy Motel in Oroville. The two gunmen died, along with Lee Miles Nixon, 22, of Vallejo, one of the suspected buyers who got caught in the crossfire.

A preliminary hearing was scheduled Wednesday in Butte County Superior Court for the three surviving suspected pot dealers.

James Hutton, 37, of Concow pleaded no contest to felony transportation of marijuana, under a deal that leaves him facing no more than one year in the county jail.

He remains free pending sentencing Feb. 14.

Shaun Michael McDeavitt, 23, of Oroville, whose attorney contends had no marijuana of his own and was only at the Oroville motel to assist his friends in the ill-fated drug deal, entered the identical plea to a felony drug transportation charge, which carries a maximum of four years in prison.

McDeavitt remains held without bail, with a sentencing date of Jan. 10.

Prosecutors on Wednesday dismissed a prior strike on McDeavitt's record, relating to an attempted burglary, which could have increased his potential sentence to more than nine years behind bars.

A similar plea-bargain offer to an alleged go-between in the fatal drug deal, Joshua Christopher Roberts, 22, of Oroville, was postponed one week so Roberts could consult with his attorney, who was reportedly delayed Wednesday at a Dallas airport because of bad weather.

District Attorney Mike Ramsey said one of the men from Vallejo who drove to Oroville for the pot transaction, identified as Deandre Tyrone Lowe, 38, could face murder charges because a death occurred during a robbery.

Last week, Oroville police issued an arrest warrant for Lowe, and warned the public that he should be considered dangerous.

Outside of court Wednesday, Robert Radcliffe, McDeavitt's attorney, called the fatal drug deal tragic, and said his client had no idea that any of the men taking part in it were armed.

The would-be pot sellers "obviously didn't know about any robbery and certainly didn't intend for anyone to be killed," Radcliffe stated.

Hutton's lawyer, Mark Stapleton, said the plea bargain was "an excellent resolution for my client."

Asked if Hutton had been among the men trying to sell his marijuana crop, Stapleton replied, "no comment."

Police say Kile and Hutton had arranged to sell several pounds of medical marijuana at the Oroville motel through Roberts, who reportedly worked with one of the Vallejo buyers.

According to Ramsey, after the money and drugs were placed on the motel room bed, Dean produced a pistol, firing a single shot into the ceiling and ordered the other two buyers with him to scoop up the drugs and cash.

Kile pulled his own pistol at that point and was killed with Dean and Nixon in the exchange of gunfire. The other four men in the room fled. Police captured Roberts nearby. Hutton and McDeavitt surrendered to authorities shortly afterward.

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Pair get three years for pot sale that turned deadly

By TERRY VAU DELL - Staff Writer
Chico Enterprise-Record
Article Launched: 02/01/2007 12:00:00 AM PST

OROVILLE -- Identical three-year prison terms were handed down Wednesday for two men involved in an abortive drug deal that ended in gunfire and the deaths of three others at an Oroville motel in October.

The attorneys for Joshua Christopher Roberts, 22, and Shaun Michael McDeavitt, 23, both of Oroville, sought probation for their clients, arguing they were only trying to sell some medical marijuana, and neither anticipated or took part in the deadly gunfight.

In asking for the maximum sentence of four years in prison, deputy district attorney Dan Nelson replied the case dramatizes the extremely dangerous nature of large-scale drug deals.

Citing the "sophistication and planning" that went into the ill-fated pot transaction and the defendant's prior criminal records, Butte County Superior Court Judge James Reilley imposed separate three-year mid-term prison sentences against Roberts and McDeavitt.

The pair had pleaded no contest to a single felony drug transportation charge in return for the dismissal of a prior "strike" on their records relating to a burglary attempt, which could have potentially doubled their sentence.

A co-defendant, James Hutton, 37, of Concow, is awaiting sentencing on similar drug charges.

A Bay Area man, identified as Deandre Tyrone Lowe, 38, who allegedly fled following the fatal shootout, will likely face homicide charges when apprehended.

Lowe had reportedly driven up to Oroville Oct. 22 with two other men from the Vallejo area for the drug transaction at the Best Value Inn on Oro Dam Boulevard.

Authorities said that when one of the would-be buyers tried to rip off tens of thousands of dollars worth of medical marijuana at gunpoint, Thomas John Kile, 38, of Concow, pulled his gun and a shootout ensued. Kile was killed in the exchange of gunfire, along with Djuan Dean, 33, and Lee Miles Nixon, 22, both of Vallejo.

At their sentencing Wednesday, the attorneys for two of the surviving pot dealers asserted neither knew anyone had guns that day, and certainly did not anticipate the drug transaction would end in bloodshed.

Robert's lawyer, Jodea Foster, said his client had been "hounded" by one or more co-workers in the Bay Area to try to put together a drug deal, though Roberts did not grow or possess any of the marijuana involved.

Roberts told his attorney that after being ordered onto the motel room floor, the gunman commented he couldn't leave alive anyone who knew their names .

"He (Roberts) thought that he was about to take his last breath," Foster told the judge.

In asking the court to consider placing the Oroville man on probation, the defense attorney said the fear his client felt that day in the motel room did more to convince him to lead a law-abiding-life than "anything this court could do to him."

Robert Radcliffe, McDeavitt's attorney, said allowing his client to take part in a 12-month residential drug treatment program, with some jail time, would satisfy both the need to punish him while still protecting society.

The large amount of marijuana involved, and the fact that three persons are now dead, more than justified imposing the maximum four-year prison sentence, argued Nelson.

In addition to the three-year term handed down Wednesday, the two Oroville men were fined about $1,000, and now must register as convicted narcotic offenders.

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Judge Refuses To Toss Out Medical Marijuana Co-Op Case

The Chico Enterprise-Record
Fri, 07 Sep 2007
Terry Vau Dell, Staff Writer


OROVILLE -- A judge Thursday refused to toss out Butte County's first medical marijuana co-op case.

The attorney for a Chico man charged with possessing more than 210 pot plants, which he claimed he was growing for himself and six other medical marijuana users, claimed in court he has a virtual immunity from prosecution.

But Butte County Superior Court Judge Sandra McLean sided with the prosecution, ruling that whether Robert Gordon Rasmussen was part of a lawful medical marijuana collective is an issue for a jury to decide.

The judge has set a trial in December for Rasmussen on charges of felony cultivation of marijuana and providing a location where pot is grown.

Rasmussen was arrested April 4 after a Butte County sheriff's deputy responding to a call about dogs fighting at his Berrington Drive home, claimed to have smelled marijuana when he entered the back yard.

A warrant was obtained and a search of the house reportedly turned up an indoor grow of 210 plants -- only about 40 of which were classified as mature -- plus about four pounds of processed pot and a handgun.

Omar Figueroa, a San Francisco attorney representing Rasmussen, sought dismissal of the criminal charges Thursday by way of a legal challenge called a "demur."

The defense argued that as a member of a lawful collective of medical marijuana patents, Rasmussen enjoyed immunity from criminal prosecution and that the judge "lacked jurisdiction" to try the pot cultivation charges. But deputy district attorney Michael Candela countered that Proposition 215, the 1996 voter-approved initiative that made it legal to smoke marijuana with a doctor's recommendation in California, only provided "an affirmative defense" to criminal cultivation charges; "it does not confer complete immunity from arrest and prosecution."

The judge agreed with the prosecutor that, in any event, a demur is not the proper vehicle for challenging such issues of fact. In refusing to toss out the case at this juncture, McLean stressed she did not consider the merits of the case.

During a preliminary hearing last month, sheriff's deputies testified that Rasmussen, who reportedly suffers from cystic fibrosis and ingests marijuana to stimulate his appetite, claimed he was growing pot in his home for himself and six other certified medical marijuana patients.

But the detectives said two of the patients admitted they had pulled their plants the day before the bust and that the doctor's recommendation for a third man had expired.

Complicating the case is the fact Proposition 215 set no limits on how much medical marijuana one could possess or where it could be lawfully obtained.

In 2003, the state Legislature enacted SB420, which among other things, legitimized medical marijuana cooperatives, and set a "base" limit of six mature plants, 12 immature plants or eight ounces of dried marijuana per patient.

Locally, District Attorney Mike Ramsey has established a set of written guidelines, which, while allowing a larger one-pound threshold limit of medical pot per-patient, also required each member of a co-op to post their doctor's recommendations at the grow site and participate in the cultivation process or designate a "primary care giver" if they are too ill to do it themselves.

Ramsey maintains he promulgated the guidelines to prevent those who grow marijuana commercially from trying to use Proposition 215 "as a cover."

Rasmussen's Bay Area attorney asserts the "underground" local rules have no force or effect because they were never ratified by the Board of Supervisors or other legislative body.

Undeterred by Thursday's ruling, the lawyer for Rasmussen said he intends to challenge the sufficiency of the evidence produced at a preliminary hearing last month.

He will also seek to have the marijuana found at his client's house suppressed prior to trial, on grounds that sheriff's officers did not have the right to enter the Chico man's backyard without a warrant.

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Ruling Allows Medical Pot Lawsuit To Proceed

The Chico Enterprise-Record
Wed, 12 Sep 2007
by Terry Vau Dell, Staff Writer

A Superior Court judge has ruled law enforcement response toward medical marijuana co-operatives or collectives in Butte County is out of step with state law.

The ruling, which was hailed by medical pot proponents, permits a civil lawsuit to go forward brought by a former Oroville man who claims that under threat of arrest in 2005, he was forced to destroy most of the plants he was growing lawfully as part of a collective with six other medical marijuana patients.

In a strongly worded decision, Judge Barbara Roberts said if it was a qualified collective, the sheriff's actions were improper and the county's requirement that all members of such patient co-ops must "actively participate" in the cultivation process, rather than merely contribute financially, was contrary to state law and a recent appellate court decision.

"It appears that, contrary to the stated policy of the county, the Legislature intended collectives of medical marijuana would not require physical participation in the gardening process by all members of the collective, but rather would permit that some patients would be able to contribute financially, while others performed the labor and contributed the skills and know-how," Roberts ruled.

In attempting to have David Williams' lawsuit thrown out of court, the county's attorney argued members of medical marijuana co-ops can only assert their right to grow pot as a defendant in a criminal case.

While conceding there was no case law on point on the issue, the judge stated "seriously ill patients certainly should not be required to risk criminal penalties and the stress and expense of a criminal trial in order to assert their rights.

"The civil court appears to be an equally appropriate forum to address the issues of patient's rights," Roberts added in her 10-page written ruling, permitting Williams' lawsuit to go forward.

Joe Elford, chief counsel for Americans for Safe Access, the medical marijuana advocacy group that filed the lawsuit, cheered the pretrial ruling.

"We're delighted by the decision; it's a very clear and strong vindication of the rights of medical marijuana patients to form collectives to cultivate the medicine they need without harassment by the police," said Elford.

He said he is uncertain how far-reaching the local court decision will be, since it takes an appellate court to establish a legal precedent that would effect other counties.

"But not only does it tell the police what a judge in your county feels about the law, realizing they also could also be subject to civil damages, it could deter other counties from violating the rights of medical marijuana patients," Elford asserted.

Brad Stephens, the county's attorney, said he "respectfully disagreed" with the judge's decision, calling it a "radical" extension of state medical marijuana laws.

Stephens asserts Proposition 215, the 1996 voter initiative that authorized smoking marijuana with a doctor's recommendation in California, only provided an "affirmative defense" in criminal court. It never intended to give them the right to sue in civil court -- a position with which Elford disagrees.

Though Stephens disputed many of the allegations in Williams' suit, by law the judge had to accept them as true, in deciding whether the civil action was legally sufficient on its face, Stephens pointed out.

He specifically denied the contention that Butte has a policy inconsistent with state medical marijuana laws.

While the District Attorney's Office did promulgate a set of written guidelines "to try to clarify some confusion" over medical marijuana co-ops and at same time try to weed out commercial growers, it was never an official county policy because it was never ratified by the Board of Supervisors, argues Stephens.

He said he plans to meet with the sheriff and district attorney to discuss the impact of the local court ruling.

With the threat of a lawsuit hanging over them, Stephens expects police now will be less likely to give some members of purported medical pot co-ops the option of destroying their plants to avoid arrest, as happened with Williams.

Williams and his wife were at their Oroville home Sept. 8, 2005, when Butte County sheriff's deputy Jacob Hancock ordered them to destroy all but 12 of 41 marijuana plants growing on their property under threat of arrest, despite the couple's claim they provided medical documentation showing they were part of a seven-patient collective.

The suit charges the warrantless search was unlawful and a violation of Williams' civil rights and "in conflict with the general laws of the state."

To help clarify questions raised by Proposition 215 about how much marijuana one could possess, and where to lawfully obtain it, in 2002, the state Legislature enacted SB420, which among other things, established a per patient base plant limit and authorized that patients who join collectives for the purpose of cultivating the herb "shall not be subject to state criminal sanctions."

Roberts found the county's argument that patients may assert their rights to grow medical marijuana cooperatively only as a defense in criminal court "without merit."

The local judge conceded state medical marijuana laws do not specifically authorize a patient to sue in civil court over the unlawful seizure of their medicine.

But "if a plaintiff can show that he has a legal right to possess the marijuana in question, and that his rights were violated, he may bring his action based on generally applicable legal principles," the judge ruled in allowing the lawsuit to proceed.

<span class=postbold>BACKGROUND:</span> The Butte County District Attorney's Office has set medical marijuana guidelines that a patient can only have six plants growing. If a growing co-op is formed, all members must participate in the cultivation of the crop, the policy continues.

<span class=postbold>THE CASE:</span> On Sept. 8, 2005, an Oroville medical marijuana grower was told to destroy all but 12 of the 41 plants he was growing for a seven-member co-op, or face arrest. A lawsuit against the county was later filed on his behalf.

<span class=postbold>THE LATEST:</span> Last week, a local judge struck down that part of the district attorney's policy requiring participation in cultivation. The judge also rejected the county's argument Proposition 215 only provided defense from criminal prosecution, and didn't authorize civil action. The suit was allowed to proceed.

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Ridge woman to lose home over pot cultivation charge

Chico Enterprise Record
September 21st, 2007


OROVILLE -- A Paradise woman admitted in court Thursday to growing more than 200 marijuana plants at her Lunar Lane residence.

The plants were discovered in January by investigators from the Butte County Sheriff's Office.

Patricia Hatton, 53, will be sentenced in Butte County Superior Court Nov. 7 on a felony charge of illegal cultivation of marijuana, and faces up to three years in prison. It's already been determined, however, that she will also lose her home.

Butte County District Attorney Mike Ramsey said federal authorities seized Hatton's home under federal drug asset forfeiture laws. The home will be sold, but Ramsey said arrangements are being made for Hatton to retain some of the equity in the property.

Hatton told investigators she was growing 211 plants for up to 55 people she called "patients."

Ramsey said the woman was also operating a delivery service out of her home called the Paradise Alliance For Medical marijuana, and admitted selling marijuana to dozens of people with alleged medical needs.

Ramsey said such an operation was clearly illegal under the state's medical marijuana laws, and was nothing more than a commercial operation.

Hatton faces up to three years in state prison.

[palmspringsbum]

Medical marijuana grower's sentence cut, loses house

by Terry Vau Dell, Oroville Mercury-Register
December 5th, 2007


When a Paradise woman began growing and selling medical marijuana as part of a "collective" involving more than 50 other local patients, she never thought she could end up losing her home.

Documents show that after being contacted by Butte County sheriff's officers, federal prosecutors obtained a lien against Patricia Hatton's two-bedroom residence under a separate asset-forfeiture action in U.S. District Court in Sacramento.

Though Hatton said she still doesn't feel she committed a crime, she agreed to plead guilty to pot cultivation in exchange for receiving a 20 percent share of the sale of her 6893 Lunar Lane house, which the ridge woman said was recently appraised at $190,000.

Hatton, who suffers from a chronic back injury and had lived in the house about nine years, said she had been encouraged to grow medical marijuana for others unable to do so themselves and only sold to patients, like herself, with a valid doctor's recommendation.

At her sentencing Wednesday, her attorney, Jodea Foster of Chico, pointed out the state Legislature authorized the formation of medical marijuana collectives and that recent court cases permitted growers to receive financial reimbursement for cultivation expenses.

But even if she was acquitted by a local jury of the pot charges, Foster said he advised her she would likely lose her home anyway in federal court, which does not recognize the legitimacy of California's medical marijuana laws.

Criticizing what he called the government's "strong-arm" tactics in the case, Hatton's lawyer urged leniency in her case.

"These (sheriff's) officers subverted the laws of California, did an end-run around medical marijuana laws and turned Mrs. Hatton over to the federal government where she was defenseless," the defense attorney charged.

In response, Butte County deputy district attorney A.J. Haggard pointed out when she was arrested, there were 211 marijuana plants in various stages of growth inside Hatton's home, plus additional amounts of processed pot.

The prosecutor said price lists found at the residence, setting an ounce of marijuana at $280, showed the ridge woman had "made a decision to make this into a commercial operation ... (with) a huge profit margin."

Arguing that Proposition 215 "was not designed to encourage drug dealing," Haggard asked Superior Court Judge James Reilley to follow the recommended sentence of 90 days in jail, plus 200 hours of community service.

Citing the defendant's age and lack of any prior record, the judge cut the jail term to only 30 days, and allowed Hatton to begin the sentence after the holidays.

The judge also cut in half the proposed community service hours, and struck several conditions of her probation that would have required her to pay drug fines and complete a residential treatment program.

Letters in support of Hatton, characterizing her as a compassionate person who was only trying to relieve suffering, were submitted to the judge prior to Wednesday's sentencing hearing from her grown daughter and two members of the defendant's Paradise medical marijuana collective.

Hatton, who lost her part-time job following her arrest and is now living with her elderly parents in Corning, said she doesn't feel she deserves any time behind bars.

"If I was making nothing but money, I'd be driving a Lincoln and my house would definitely have been paid off; I'm poverty stricken and I have no home now," observed the ridge woman.

Until the courts or Legislature removes "the mass confusion" over medical marijuana laws, Hatton advises others to consult an attorney before starting up a similar patient co-op.

"If this is how Butte County is going to operate from now on, if you're a homeowner, you're going to lose your home ... and that is absurd."

[palmspringsbum]

Chico medical marijuana grower on trial in Oroville

The Chico Enterprise-Record
By BARBARA ARRIGONI - Staff Writer
Article Launched: 12/21/2007 12:13:29 AM PST


OROVILLE -- Jurors heard testimony Thursday in Oroville for what may be Butte County Superior Court's first case to test a state law that allows individuals who use medicinal marijuana to form a collective and grow the plant for their own use.
Brett Eric Johnsen was arrested May 30 after sheriff's officers found marijuana plants hanging from a bedroom ceiling and in an elaborate garden they found in a locked basement at his house on West First Street in Chico.

The officers obtained a search warrant, and Johnsen wasn't home at the time, said A.J. Haggard, deputy district attorney.

Testimony Thursday hinged on how many plants were confiscated, the total weight, and who was growing the garden.

Defense attorney Jodea Foster contended his client was growing the plants as a member of a three-person cooperative.

State law allows people involved in a cooperative to grow eight ounces per patient, or up to six mature plants or 12 immature plants.

Under Haggard's questioning, Officer Jacob Hancock stated 31 plants were seized. He estimated the total weight at 7 3/4 pounds, although he said that estimate was based on the assumption of four ounces per plant.

Hancock described photographs taken by himself and Sgt. Stephen Collins of an elaborate growing setup in the basement that included high-watt light bulbs, timers, fans and exhaust tubes to regulate the temperature and stimulate growth. He also identified photos that showed the basement contained mature, flowering plants of various sizes. He estimated those ranged from 1 to 5 feet in height.

Hancock said when he questioned Johnsen at the scene, the defendant told him he was growing the plants with a friend named Simmons Flagg for their medicinal use. He also testified Johnsen showed him his physician's "recommendation" for a half-ounce a week.

According to the officer's testimony, Johnsen arrived at the house about an hour after deputies began the search. Flagg showed up about 30 or 40 minutes after Johnsen called him. Flagg showed Hancock his medical marijuana credentials and his physician's recommended use of 1 1/2 ounces a week, the officer said.

Hancock later testified on cross examination he heard there was a third person involved in the grow, and admitted he hadn't checked her credentials.

Foster questioned the method by which Hancock estimated the approximate weight of the confiscated marijuana and suggested he had neither used the actual federal guidelines, nor properly weighed the plants. Hancock answered he relied on federal Drug Enforcement Agency averages given in a 1991 or 1992 study, and on his experience in the field.

Foster also questioned the method in which the plants were counted. Sgt. Stephen Collins stated in his testimony that he counted 31 plants as he cut them down, but admitted he didn't take notes or records of each cut.

Foster later established during the defense case that the third person, Lisa Furr of Chico, was also a member of the collective. Furr said she became involved through Flagg. She also testified she arrived at Johnsen's house with Flagg the day of the arrest and showed Hancock her credentials.

Furr said she uses the herb for a brain injury and her physician recommends she use about a half-ounce a week.

Flagg testified he and Johnsen grew a crop of 12 plants last December and harvested it in March, and then began the garden found last May. Flagg's testimony also contradicted the total number of plants growing in the house. He said the plants found in the bedroom were not separate plants but were tops cut from plants growing in the basement. He said they had 12 plants total.

Both the defense and prosecution rested their cases. Closing arguments are expected today.

<hr class=postrule><center><small>Staff writer Barbara Arrigoni can be reached at 896-7757 or barrigoni@chicoer.com. </small></center>
<span class=postbold>BACKGROUND</span>: Chico resident Brett Eric Johnsen is on trial for cultivation of marijuana and storage of the plant. A third charge of cultivation for sale was dropped Thursday. Johnsen's attorney contends he was growing the plants with two other individuals as part of a cooperative, allowed by law.

<span class=postbold>WHAT'S NEW</span>: The District Attorney's office presented its case that Johnsen was growing more than the legal amount allowed under SB420, in both number and weight, while the defense alluded through questioning that officers erred in their count of the plants and weight.

<span class=postbold>WHAT'S NEXT</span>: The case may go to the jury today.

[palmspringsbum]

Jury acquits medical-marijuana grower

The Chico Enterprise-Record
By BARBARA ARRIGONI - Staff Writer
Article Launched: 12/22/2007 12:15:34 AM PST


OROVILLE -- After an hour-long deliberation Friday afternoon, a jury found a Chico man not guilty of charges he cultivated marijuana and stored it illegally.

It's thought by attorneys to be the first case tried in Butte County Superior Court under California Senate Bill 420, which allows people with medical marijuana prescriptions to form a cooperative or collective to grow for their recommended use.

Brett Eric Johnsen was on trial for what Butte County authorities said was an illegal garden growing in his house on West First Street. Butte County sheriff's officers found the garden May 30 upon entering Johnsen's home on a search warrant. They reportedly found plants hanging from a bedroom ceiling and an elaborate garden filled with flowering marijuana in the basement.

Johnsen's defense was that he was growing the plants for his own use as a medical-marijuana user and for others who have prescriptions to use it.

The law allows collectives to have eight ounces per patient, or six mature plants or 12 immature plants.

Deputy district attorney A. J. Haggard contended deputies confiscated 31 plants, which is over the legal limit allowed under SB420, and which officer Jacob Hancock testified he estimated to weigh a total of 7.9 pounds.

Johnsen's attorney, Jodea Foster, argued his client was growing the plants as part of a collective with two other people and questioned the amount and weight of the seized plants.

In the second day of testimony, Johnsen testified there were only 18 plants growing in the house that had been started in mid-March with "clones" — pre-started plants obtained from a cannabis club in Oakland. It was the second crop he and his friend, Simmon Flagg, had grown since last December. He said he had not grown pot before that time.

The two had an agreement to split the costs of the first crop and share the yield equally.

Johnsen also said he agreed to allow Flagg to bring in an extra person for the second crop. "I said fine, as long as everything's legal."

Foster called a witness who contradicted the district attorney's estimate of the weight of the plants seized.

Jason Browne, who was considered an expert, described an extensive background dealing with medical marijuana issues and working with law enforcement and health officials in several counties.

Browne provided a complex formula for determining potential yield from a crop that contradicted the officers' estimate the garden would have yielded 7.9 pounds.

Using a method agreed upon by the Drug Enforcement Agency in studies with the University of Mississippi, he used the square footage of the garden area, the wattage of the lights used to grow and other calculations to determine the garden would have yielded about 1.5 pounds.

Browne also testified that it didn't matter how many plants were in the room because given the square footage, the yield would have been the same. He said the size of the plants is what mattered.

Hancock testified the plants in the basement ranged from 1 to 5 feet high.

The jury went into deliberations shortly after 3 p.m. and returned the verdict at 4 p.m.


Staff writer Barbara Arrigoni can be reached at 896-7757 or barrigoni@chicoer.com.

[palmspringsbum]

Ridge man admits role in multi-state pot operation

The Chico Enterprise-Record
By GREG WELTER - Staff Writer
Article Launched: 01/25/2008 03:10:19 PM PST


OROVILLE — A Paradise man growing marijuana for medical reasons faces more than four years in state prison after pleading no contest to charges Thursday he was selling large quantities of pot.

Gabriel Jensen, 29, claimed to be growing marijuana for himself, and eight other people with doctor recommendations. In fact, according to Butte County District Attorney Mike Ramsey, Jensen was supplying large quantities of pot to a man who regularly transported it to Chicago.

That man, who wasn't identified, but is under investigation by authorities, was stopped by state police while driving through Nebraska on Dec. 5.

His car was searched and more than 68 pounds of processed marijuana was found.

Using interviews with subjects and a global positioning system in the car, police officials traced the route back to an Yankee Hill address.

A search warrant for both the Yankee Hill address and Jensen's Paradise residence turned up nine medical marijuana recommendations, including one for Jensen.

Deputies also found more than nine pounds of marijuana in varying stages of processing, $39,000 in cash in a shoe box in Jensen's closet, and a loaded shotgun.

Ramsey said the recommendations, allowed under California's Proposition 215, were legitimate, but stated Jensen was cultivating far more marijuana than the state law permits. However, pot use and sale are illegal under federal laws.

Jensen will be sentenced on March 19.